Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Where rectification of an appellate order under s.107 of the WBGST Act, 2017 was refused in a dispute concerning deferred availment of ITC alleged to be barred by s.16(4), the governing Notification dated 08.10.2024 issued under s.148 was held to clarify both entitlement and procedure for rectification where ITC was treated as wrongly availed solely due to s.16(4), but the taxpayer may be eligible under s.16(5) or s.16(6). Since the rectification applications were founded on this Notification, the appellate authority was required to reconsider the request in light of the prevailing legal framework; consequently, the rejection order was set aside and the matter remanded for fresh decision. - HC
Where rectification of an appellate order under s.107 of the WBGST Act, 2017 was refused in a dispute concerning deferred availment of ITC alleged to be barred by s.16(4), the governing Notification dated 08.10.2024 issued under s.148 was held to clarify both entitlement and procedure for rectification where ITC was treated as wrongly availed solely due to s.16(4), but the taxpayer may be eligible under s.16(5) or s.16(6). Since the rectification applications were founded on this Notification, the appellate authority was required to reconsider the request in light of the prevailing legal framework; consequently, the rejection order was set aside and the matter remanded for fresh decision. - HC
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